Partridge v. Gildermeister
New York Court of Appeals
James C. and Josiah Partridge sued Daniel Gildermeister, in the New York superior court, to recover nine hundred and forty-six dollars, the value of merchandise sold by plaintiffs to defendant, on an agreement that it should be paid for in the notes of John Machado, or of J. A. Machado A Co., having not more than six months to run, which notes the plaintiffs had demanded from defendant after they had delivered the goods; but delivery of the notes being refused by defendant,…
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James C. and Josiah Partridge sued Daniel Gildermeister, in the New York superior court, to recover nine hundred and forty-six dollars, the value of merchandise sold by plaintiffs to defendant, on an agreement that it should be paid for in the notes of John Machado, or of J. A. Machado A Co., having not more than six months to run, which notes the plaintiffs had demanded from defendant after they had delivered the goods; but delivery of the notes being refused by defendant, they therefore now sued for the money value of the goods. On the trial, defendant adduced evidence in support of his…
1Opinion of the Court
By the Court.
Denio, Ch. J.
The only real question in the case was, whether the purchase of the chairs was made by the defendant, or by Colquitt through the defendant as his agent. This question was fairly left to the jury, and their finding is that the purchase was by the defendant, and not by Colquitt.
The other branch of the defense was, that the sale of the chairs was part of an entire contract for a larger quantity, ,and that the plaintiffs had failed fully to perform on their part, and could not therefore recover for their partial performance. I do not think their claim was sustained by…
2Cited by3 opinions
- Harris Lumber Co. v. Wheeler Lumber Co.Supreme Court of Arkansas · 1908
- Baird v. HagenAppellate Division of the Supreme Court of the State of New York · 1911
- Per Lee v. BeebeNew York Supreme Court · 1878